SMART Technologies ULC Privacy Policy

Last Updated: January 22, 2018

Purpose

The following information explains the policy (the “Policy”) and practices of SMART Technologies ULC (together with its subsidiaries, collectively "SMART", “we” or “us”) regarding the collection, use and disclosure of your personal information. The purpose of this Policy is to make clear what information we collect from you, how we use and disclose this information, and the ways in which you can help manage the information we collect.

Application of this Policy

This Policy applies to all websites (including smarttech.com), applications (including mobile), products and services offered by SMART (collectively “Services”). Notwithstanding the foregoing, certain Services may have additional and/or specific privacy terms that relate only to such Service. When applicable, such additional terms will be communicated to you at the time you elect to receive such Service from SMART. Additional terms applicable as of the date identified above are attached as a Schedule to this Policy (including terms relating to SMART amp™).

To the extent discrete elements of certain Services are not directly provided or managed by SMART, you may be required from time to time to agree to supplemental third party policies in order to receive such Services from SMART. For example, if you are a SMART amp user, certain information may need to be provided by you or SMART to third party service providers (including those involved in hosting user content) in order to facilitate your use of such product. In each such instance, SMART will identify for you any third party elements prior to your use of the relevant Service.

By using a Service, you are agreeing to this Policy and consenting to SMART's collection, use and disclosure of your personal information as necessary for the Identified Purposes or as otherwise identified herein.

Personal Information of Children and Minors

There are two primary ways through which information of minors can be provided to SMART: the information could be provided directly by the individual or the information could be provided by the individual’s school.
If you are not of legal age to form a binding contract in your jurisdiction (i.e. have not yet reached the age of majority, which in many jurisdictions is 18 years of age), we require that you or your school obtain your parent’s or guardian’s express consent prior to disclosing any personal information to us and using any Services. You should also thoroughly review this Policy with your parent or guardian to ensure it is understood and accepted. No personally identifiable information of individuals under 18 years old should be submitted to or through our Services without the consent of their parent or guardian. We do not knowingly collect any information from individuals under the age of 18 without such consent.

We only collect personal information through our Services from a child under 18 where that student’s school, district, and/or teacher has confirmed to us that they have obtained the requisite, verifiable parental or guardian consent for that child to disclose personal information to us. If you are under 18 please do not send us any personal information unless your school, district, and/or teacher has obtained the necessary parental or guardian consents. For more information regarding school, district and teacher responsibility to collect consents please see the applicable Service terms of use or license agreement.

In the case of Services where SMART stores or manages student personal information, such as SMART amp, information that is, to our knowledge, provided to us by someone under 18 not in accordance with these requirements will be deleted where possible (it may not be possible, for instance, to delete such information where it is embedded in a collaborative work product created using the Services). To report information provided without requisite parental or guardian consent, please contact us at privacy@smarttech.com.

We do not condition a minor’s use of our Services on provision of personal information by such minor beyond what is reasonably necessary to make the Services function properly.

To the maximum extent permitted by applicable law, this Policy is not intended to and does not apply to:

the collection, use or disclosure of personal information for personal, domestic, artistic, literary or journalistic purposes; or

the collection, use or disclosure of "business contact information" (i.e. an individual's name, position name or title, business telephone number, business address, business e-mail, business fax number and other similar business information) for the purpose of contacting an individual in their business capacity.

Collection of Personal Information

As a general rule, and to the extent possible, SMART collects personal information directly from the individual it pertains to. If third parties hold information SMART requires to meet the Identified Purposes, it will endeavor to ensure the information has been collected with the appropriate consent.

Personal information may be collected directly from you, from your use of our Services, or from third parties who provide such information to us as part of a Service you receive from SMART. This information may be collected in person, over the telephone, through the mail, or over the Internet. When SMART collects personal information from you, we will: (i) explain how we intend to use such information; (ii) collect only such information as we believe is reasonably necessary to meet the Identified Purposes or such other purposes as are communicated to you at the time of collection; and (iii) not use or disclose such information for any other unrelated purposes without your consent, unless legally required or entitled to do so.

As an example, SMART may collect personal information: (i) when you register to receive personalized information on its website or from SMART Customer Service; (ii) when you provide information to gain entry into one of SMART's secure sites; (iii) when you enter one of SMART's promotions; or (iv) through one of our Services.

Where permitted or required by applicable law or regulatory requirements, SMART may collect personal information about an individual without their knowledge or consent.

Additional information on collection of personal information for certain Services, such as SMART amp, can be found in Schedule B, below.

Using Your Personal Information

SMART collects and uses personal information in order to: (i) respond to queries or requests from you; (ii) process orders from you; (iii) track sales data; (iv) understand your needs and preferences; (v) develop, enhance, market and provide products and services; (vi) personalize and facilitate the ease and efficiency of your visit to our web site; (vii) provide Services to you in the most functional and efficient manner; (viii) administer and discharge our obligations in relation to any agreement you have with us; (ix) manage and develop our business and operations; and (x) meet legal requirements (collectively the “Identified Purposes”).

If you are using a Service that requires or otherwise involves the use of a third party element (e.g. as is the case with SMART amp), SMART may also collect (whether directly or through such third party) and use your personal information in order to: (i) facilitate your access to such Service; (ii) enable you to authenticate your account with any such third parties, or with SMART through such third parties, using their authentication or online security services; (iii) aggregate assessment and other student performance data to help improve student outcomes; and (iv) store artefacts of work projects such as images or files you attach to work products in order to optimize delivery.

SMART does not use the personal information of minors for the purposes of marketing our products or the products of any third party to such minors, nor do we permit third parties to do this through our Services.

Additional information on use of personal information in relation to certain Services, such as SMART amp, can be found in Schedule B, below.

Sharing and Disclosing Your Personal Information

Except as set out in this Policy, we will not disclose your personal information without your consent unless we are legally required or entitled to do so. For greater certainty, SMART may share your personal information with third parties, such as channel partners, service providers or other organizations: (i) where the third party or SMART has your consent; (ii) where legally required or entitled to do so; (iii) where the third party is acting as our agent, contractor or service provider and has agreed to handle your personal information in confidence and in accordance with applicable laws; or (iv) where business mergers, divestments or acquisitions are involved. For example, when you register for certain sales promotions, SMART may share your personal information with a SMART channel partner that it reasonably believes will help meet your needs.

SMART may also release personal information to third parties when such release is in compliance with applicable law or, if you are a student, SMART is directed to do so by your school, if SMART believes in good faith that this is necessary to: (i) protect the safety of SMART and its employees and users, or the safety of others; (ii) comply with applicable laws; or (iii) enforce terms of use or licenses associated with our products or services. To the extent possible we will try to provide you with notice of our release of information for these reasons.

SMART does not engage in the collection of personally identifiable information over time and across third-party web sites except where such collection is required for operation of the Services (e.g. SMART amp uses Google IDs to create SMART amp accounts). SMART does track non-personally identifiable user data in the form of aggregate behavior for the purposes of allowing SMART to improve the operations of Services. SMART may provide non-personally identifiable aggregate reports on user behavior to third parties we work with for the same purpose of improving Services.

If you don't want your personal information disclosed to others, or if you would like to be removed from any of SMART's subscription lists, please email privacy@smarttech.com. SMART will not knowingly sell or rent your personal information to any other organization without your explicit permission except as otherwise set forth herein in. Notwithstanding the foregoing, SMART may sell or otherwise transfer the information collected from you to a third party in the event that all or any portion of SMART is merged or otherwise transferred to the third party, provided that such third party is bound by appropriate agreements or obligations that require them to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Policy.

In the event that you are a minor, SMART reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request.

Additional information on sharing and disclosing of your personal information in relation to certain Services, such as SMART amp, can be found in Schedule B, below.

Security

SMART's business processes are designed and applied to appropriately safeguard your personal information, having regard to the sensitivity and use of that information. Nevertheless, such security measures may not prevent all loss, misuse or alteration of personal information provided to SMART, and SMART is not responsible for any damages or liabilities relating to any such security failures. By using our Services you understand that there is a risk that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

If you have any questions or concerns regarding the security measures applied to collection, use or disclosure of your personal information please email privacy@smarttech.com.

If you are using a Service that involves third party elements, as is the case with SMART amp, please review the policies of such third party service providers as they relate to security and data protection.

International Storage and Transfer of Data

SMART and its service providers may, from time to time, locate certain computer databases, which store personal information relating to SMART's products and services, in countries outside of Canada. The export of personal information to such countries is permitted subject to the provision of adequate levels of protection in relation to the processing of such information. As a key part of the contractual arrangements between SMART and third party service providers, such parties are required to maintain appropriate levels of security and confidentiality in respect of personal information.

When appropriate, or otherwise required by applicable law, you will be provided with notice of the fact that your personal information may be transferred, stored or processed outside of Canada.

Access or Updating Personal Information

We aim to keep your personal information as accurate as possible. If you would like more information about SMART's privacy practices or would like to request access to or update your personal information, please contact:

SMART respects the concerns of individuals regarding their personal information, and will respond within a reasonable timeframe and within the time required by applicable law.

Please note that an individual's right to access the personal information an organization holds about them is not absolute. In that regard, there may be instances where applicable law or regulatory requirements permit or require SMART to refuse an access request.

Opting Out or Removing Personal Information

If you would like to request that your own or your child’s personal information or publically posted content be provided to you for your review, be removed from our services, or be updated, please contact privacy@smarttech.com. If you are accessing a Service through your school, as in the case of SMART amp, you may also be able to make such request through your school administrator. In some cases we may not be able to remove the information or continue to provide Services following removal of such information, in which case we will let you know if we are unable to do so and why.

If you are the parent or guardian of a minor and would like to review, remove or change any consents you may have provided in relation to your child, either to us or to a school, teacher or administrator, or inform us that you have not given such consent, please contact us at privacy@smarttech.com.

General Information that we Collect

SMART collects general, non-personal information, such as IP addresses, for system administration and internal tracking. When you visit SMART's website, our servers log the IP (internet protocol) address, length of each visit, number of requests per visit, operating system and browser type. SMART does not link this information to any personal information that an individual may otherwise voluntarily submit. SMART may use this general, non-personal information for any purpose.

Cookie Policy

To enhance your experience many of our web pages and Services use "cookies". Cookies are small text files that are placed on your computer or device. Most web browsers allow some control over cookies through the browser settings. Blocking all cookies will, however, have a negative impact upon the usability of our Services. Thus, you may prefer to accept cookies and then delete them at a later date or upon exiting your browser. In addition, our Services may contain advertisements that may contain cookies, or contain links to other services that contain cookies. We might permit third parties to gather information passively in our Services.

Additionally, some browsers have a ‘do not track’ feature that lets you tell web sites that you do not want to have your online activities tracked. These features are not yet uniform, so we are currently not set up to respond to those signals. If you block or delete cookies, please be aware that not all of the tracking described in this policy will stop.

A table outlining the primary cookies used by SMART is attached to this Policy as Schedule A.

General

SMART may also monitor your use of our Services for system management and security purposes, and in order to detect inappropriate software and unauthorized access. Privacy and confidentiality may not be possible when using unencrypted Internet communications.

In cases where SMART uses third parties to process transactions that include personal information, reasonable efforts are taken to ensure they apply comparable or higher standards concerning collection, use and disclosure.

By using SMART's Services, you signify your agreement with this SMART Privacy Policy. SMART reserves the right, at its discretion, to change, modify, add, or remove portions of this Policy at any time. Please review our web site (https://home.smarttech.com/legal/privacy-policy) regularly for the latest updates to the Policy. Your continued use of our Services following the posting of any changes to this Privacy Policy will indicate your assent to any such changes or amendments.

Your California Privacy Rights

Under California law, a California resident with whom SMART has an established relationship has the right to request certain information with respect to the types of personal information SMART has shared with third parties for their direct marketing purposes (if any), and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. In response to a written request, SMART is allowed to provide a cost-free means to opt-out of such sharing. All requests for such information must be in writing and sent to the address set-out at the end of this Policy.

HAVE A QUESTION FOR US? We would love to hear from you:

Schedule A – Cookies Used By SMART

Cookie

Name

Purpose

More information

Google Analytics

_utma

This cookie is typically written to your browser upon the first visit to our site. If the cookie has been deleted by the browser operator, and the browser subsequently visits our site, a new __utma cookie is written with a different unique ID. This cookie is used to determine unique visitors to our site and it is updated with each page view. Additionally, this cookie is provided with a unique ID that Google Analytics uses to ensure both the validity and accessibility of the cookie as an extra security measure.
This cookie is a persistent cookie with a lifespan of 2 years from set/update.

Google cookies, in general, are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
To opt out of being tracked by Google Analytics across all websites visit: http://tools.google.com/dlpage/gaoptout

Google Analytics

_utmb

This cookie is used to establish and continue a visitor session with our site. When a visitor views a page on our site, the Google Analytics code attempts to update this cookie. If it does not find the cookie, a new one is written and a new session is established. Each time a visitor visits a different page on our site this cookie is updated and will expire in 30 minutes, thus, continuing a single session for as long as visitor activity continues within 30-minute intervals. This cookie expires when a user pauses on a page on our site for longer than 30 minutes.
This cookie is a session cookie with a lifespan of 30 minutes from set/update.

Historically, this cookie operated in conjunction with the __utmb cookie to determine whether or not to establish a new session for the visitor. For backwards compatibility purposes with sites still using the urchin.js tracking code, this cookie will continue to be written and will expire when the user exits the browser.
This cookie may or may not be set and is a session cookie with a lifespan of the browser session.

This cookie stores the type of referral used by the visitor to reach our site, whether via a direct method, a referring link, a website search, or a campaign such as an ad or an email link. It is used to calculate search engine traffic, ad campaigns and page navigation within our site. The cookie is updated with each page view to our site.
This cookie is a persistent cookie with a lifespan of 6 months from set/update.

When a visitor selects "remember me", the visitor does not have to fill in the same information next time they return. If the cookie is set then the next time the visitor returns the values will be preset from values in the cookie.
This cookie is set by SMART and is a persistent cookie with a lifespan of 365 days.

WSSO

ObSSOCookie

This cookie determines whether or not the visitor has logged in with their WSSO Account. This determines the layout of site (display logged in view or not) and also is used for security to determine if visitors can access certain sections.
This cookie is set by SMART and is a persistent cookie with a lifespan of 14 days for Regular Login or 2 hours for Source Login.

Source

SMART.Cookies.Source

This cookie contains visitor information for the Source.
This cookie is set by SMART and is a persistent cookie with a lifespan of 1 day.

SMART amp
Identity

client-token:

This cookie is written to your browser when you sign into SMART amp. Signing out of SMART amp deletes this cookie from the browser. The cookie is used to store authentication information (such as user id and subscription information) in an encrypted format that only our servers can decrypt. This cookie is a persistent cookie with a lifespan of 1 year from first set.

Identity Client library

software_portal

When administrator signs in from SMART’s Software Portal (SSP), this cookie is set to remember the authorization information for the current signed in session. The cookie will be refreshed automatically to keep the session alive. This cookie is set by SMART and is a persistent cookie with a lifespan of 365 days. The content of the cookie is the encrypted id access token and id refresh token

SMART amp™

For more information on using SMART amp please see our SMART amp Terms of Use.

Collection of Personal and Other Information

If you are using SMART amp, SMART may collect information, including in some cases personal information, either from you or from a third party such as your teacher, school administrator, or service provider such as Google Inc., including:

Your name;

Your email address;

Your student or teacher identification number, or user ID number;

Your profile picture;

Your role (e.g. teacher, student, administrator, etc.);

Your seniority, such as your grade;

Billing and payment information associated with your account;

The name of the school or school district you are associated with; and

Any other information necessary for us to provide SMART amp service.

Additionally, SMART may collect information from your use of SMART amp, or use of SMART amp by your teacher or administrator, including:

Copies of your work product (such as school assignments or exams prepared or completed using SMART amp);

Assessment results;

Your user preferences;

Your user connections or groups and any user communities associated with your account;

Access logs and usage data associated with your account;

Class rosters; and

Any personal profile information (such as a personal avatar) you may use.

Storing Your Data

When you use SMART amp, your data will be hosted with SMART or our third party service providers, Google Inc. or Amazon.com, Inc. (or their affiliates), in the United States and around the world.

Using Your Personal Information

If you are using SMART amp as a student registrant or have otherwise signed up for SMART amp through your school or teacher, any information associated with your account or with your use of SMART amp, including without limitation messages between you and other users, your grades, your work product, and you contributions to the work product of others, can be viewed by your teacher, your school administrators, and, if you are under 18 years of age, your parent or guardian, all subject to applicable laws in your jurisdiction. Any such information will also be visible to users you authorize to view such content through access management features that form part of SMART amp.

Classlab.com™

For more information on using classlab.com please see our Terms of Use.

Collection of Personal and Other Information

If you are using Classlab.com, SMART may collect information, including in some cases personal information, either from you or from a third party such as your teacher, school administrator, or service provider such as Google Inc., including:

Your name;

Your email address;

Additionally, SMART may collect information from your use of classlab.com, including:

Copies of your work product (such as responses to classlab.com activities);

Assessment results;

Your user preferences;

Access logs and usage data associated with your account;

Class rosters; and

Any personal profile information (such as a personal avatar) you may use.

Storing Your Data

When you use Classlab.com, your data will be hosted with SMART or our third party service providers, Google Inc. or Amazon.com, Inc. (or their affiliates), in the United States and around the world.

Using Your Personal Information

If you are using Classlab.com as a student registrant or have otherwise signed up through your school or teacher, any information associated with your account or with your use of classlab.com, including without limitation messages between you and other users, your grades, your work product, and you contributions to the work product of others, can be viewed by your teacher, your school administrators, and, if you are under 18 years of age, your parent or guardian, all subject to applicable laws in your jurisdiction.

Third Party Service Providers

The following third party service providers will be utilized as part of our provision of SMART amp to you:

Google Inc., in relation to authentication and other Service features; and

Amazon.com, Inc., in relation to storage of content and other Service features.

Please consult the privacy and data security polices of such service providers as they will apply to your use of the SMART amp product.